This subject would require extensive notice, if the materials requisite for its elucidation were more numerous and accessible. All prescriptive customs of manors have existed beyond what is termed "legal memory"—i.e., from the reign of Richard I. (1189-1199). Many others, relating to the military and other free tenures of the chief tenants of manors, and to the socage and inferior or servile tenures, with the boons of the cottagers, &c., and the various services attached to these different tenures, would make a very curious piece of history of customs and usages; but these are usually recorded only in private grants, charters, and other deeds, or in copy-rolls and other records of manors, not generally accessible. The following are some examples:—
THE HONOUR OF KNIGHTHOOD.
In the early ages of our history, the honour of knighthood, with the military services to which it was incident under the feudal system, was often forced upon the subject. In the year 1278, a writ to the Sheriff of Lancashire commanded him to distrain upon all persons seised of land of the value of £20 yearly, whether held of the King in capite, or of any other lords who ought to be knights and were not; and all such were ordered forthwith to take out their patent of knighthood. Fourteen years after this, a writ was issued, wherein the qualification was raised to double the amount; and a writ, dated 6th February, 1292, was issued to the Sheriff of Lancashire (with others), proclaiming that all persons holding lands in fee, or of inheritance, of the value of £40 per annum, must take the order of knighthood before Christmas in that year. The crown might relax or vary these services: hence a writ to the Sheriff of Lancashire recites "that the commonalty of England, having performed good services against the Welsh, the king excuses persons not holding lands of the value of £100 yearly from taking the order of knighthood;" but all holding above that amount, and not taking the order before the Nativity of the Virgin (Sept. 8), were to be distrained upon. Subsequently, injunctions were addressed to the Sheriff, commanding him to make extents of the lands of those refusing to take the order of knighthood, and to hold them for the king until further orders. Another writ to the Sheriff of Lancashire, of 6th April, 1305, directs him to proclaim that all who should become knights, and are not, must repair to London before the following Whit Sunday to receive that distinction, if properly qualified.[202]
MARITAGIUM.
On the marriage of the Princess Alianora (sister of Edward III.) with the Earl of Guelders, an order was issued to the abbot of Furness, and to the priors of Burscough, Up-Holland, and Hornby, as well as to the abbot of Whalley, and to the priors of Cartmell and Coningshead, requesting them to levy the subsidy on their respective houses, towards the Maritagium, an impost of early times, which ceased with the feudal system.[203] This order the priests were slow to obey, in consequence of which another letter was issued by the king from Pontefract, reminding them of their neglect, and ordering them to communicate their intention to the proper authority. No further documents appear on the subject; and it may be presumed that this second application produced the desired effect.[204]
PECULIAR SERVICES AND TENURES.
The following are entries in the "Testa de Nevill," a book supposed to have been compiled towards the close of the reign of Edward II. or the beginning of that of Edward III., and consequently to exhibit the services and tenures existing about the beginning of the 12th century:—Thomas and Alicia de Gersingham, by keeping the king's [John's] hawks in Lonsdale, till they became strong, when they were to be committed to the Sheriff of Lancashire. Luke Pierpoint, by keeping an aëry; Adam de Hemelesdale, by constabulary at Crosby. Quenilda de Kirkdale, by conducting royal treasure. Richard Fitz Ralph, by constabulary at Singleton. John de Oxeclive, by being carpenter at Lancaster Castle. Adam Fitz Gilmighel, by being the king's carpenter. Roger the carpenter, by being carpenter in Lancaster Castle. Ralph Barun or Babrun, by being mason in Lancaster Castle. Walter, son of Walter Smith, by forging iron instruments. Roger Gernet, by being chief forester. William Gernet, by the service of meeting the king on the borders of the city, with his horse and white rod, and conducting him into and out of the city. William and Benedict de Gersingham, by the sergeantry of keeping the king's aëries of hawks. Gilbert Fitz Orm, by paying yearly 3d. or some spurs to Benedict Gernet, the heir of Roger de Heton, in thanage. Roger de Leycester, by paying 8s. and two arrows yearly. A great number of persons in thanage: others in drengage. John de Thoroldesholme, by larderery; Roger de Skerton, by provostry. Roger Fitz John, by making irons for the king's ploughs. Others, by gardenry, and by masonry, or the service of finding pot-herbs and leeks for Lancaster castle, smith's work, and carpentry; the burgesses of Lancaster, by free-burgage and by royal charter. Peter de Mundevill, by service of one brachet i.e., West Derby]. Galfridus Balistarius [Geoffrey Balistur] by presenting two cross-bows to the king. William Fitz William, by presenting one brachet, one velosa [? a piece of velvet] and two lintheamina [pieces of linen cloth]. Roger Fitz Vivian holds the sergeantry of Heysham, by blowing the horn before the king at his entrance into and exit from the city of Lancaster. Thomas Gernet, in Heysham, by sounding the horn on meeting the king on his arrival in those parts. William Gresle, by presenting a bow without string, a quiver, 12 arrows, and a buzon [? possibly a quiver or arrow-case]. William Fitz Waukelin, by presenting one soar-hawk. Hervi Gorge, by presenting one plough, one linthola [piece of linen cloth], one velosa [piece of velvet], and one auricular [? a veil for the confessional]. Roger and Hugh de Auberville, by keeping one hawk. Several religious houses held in pure and free and perpetual alms, or what the Normans styled "Frank-almoigne." A large number of persons held by donation, in consideration of yearly rents, and some of these were nominal, as "a pepper-corn, if demanded," "a clove," "a red rose on St. John the Baptist's Day" (24th June), "a pair of white gloves or a peny," a "Manchester knife," &c.
Smithells.—The mesne manor of Smithells in Sharples, near Bolton, is dependent upon the superior manor of Sharples, the lord of which claims from the owner of Smithells a pair of gilt spurs annually; and, by a very singular and inconvenient custom, the unlimited use of the cellars at Smithells Hall for a week in every year.[205]
It does not appear, however, that the lord of Smithells was bound to the quantity or to the quality of the liquors with which his cellars were at that time to be stored. This feudal claim seems now nearly abandoned, as it has not been enforced within the present century.[206]